An Overview of Illinois’ Medical Marijuana Law

On August 1, 2013, Gov. Pat Quinn signed HB 1, creating the Compassionate Use of Medical Cannabis
Pilot Program, originally designed to be a temporary program that would expire in 2018. In 2014, the
governor and legislature improved the law by adding seizures as a qualifying medical condition and
allowing minors to qualify. In 2016, the program added Post Traumatic Stress Disorder (PTSD), and the
life of the program was extended through July 2020. In 2018, the program was significantly updated by
allowing those who could obtain a prescription for an opiate to qualify for the medical cannabis program,
and by streamlining key aspects of the application process. A separate bill passed the same year allowed
minors in school to have limited access while on school grounds.

Why is it called a “pilot program?”

The law was created with a “sunset” provision, meaning that, if the legislature does not renew the
program or create a new law, the program will cease to operate on the sunset date.

How do patients qualify for the program?

The law allows patients to qualify for the program if they have one of several qualifying medical
conditions which is recognized and acknowledged by a treating physician. Patients register with the state
Department of Public Health for legal status as a medical marijuana patient.

What medical conditions are included?

The qualifying medical conditions are: Agitation of Alzheimer’s disease, HIV/AIDS, amyotrophic lateral
sclerosis (ALS), Arnold-Chiari malformation, cancer, causalgia, chronic inflammatory demyelinating
polyneuropathy, Crohn’s disease, CRPS (complex regional pain syndrome Type II), dystonia, fibrous
dysplasia, glaucoma, hepatitis C, hydrocephalus, hydromyelia, interstitial cystitis, lupus, multiple
sclerosis, muscular dystrophy, myasthenia gravis, myoclonus, nail-patella syndrome, neurofibromatosis,
Parkinson’s disease, post-concussion syndrome, post-traumatic stress disorder (PTSD), reflex
sympathetic dystrophy, residual limb pain, rheumatoid arthritis, seizures (including those characteristic of
Epilepsy), severe fibromyalgia, Sjogren’s syndrome, spinal cord disease (including but not limited to
arachnoiditis), spinal cord injury is damage to the nervous tissue of the spinal cord with objective
neurological indication of intractable spasticity, spinocerebellar ataxia, syringomyelia, Tarlov cysts,
Tourette syndrome, traumatic brain injury, and cachexia or wasting syndrome. Patients may also qualify
if they could be prescribed an opioid medication. The Department of Public Health can approve
additional debilitating medical conditions.

What protections do patients have once in the program?

Registered patients may not be arrested or prosecuted, or face criminal or other penalties, including
property forfeiture, for engaging in the medical use of marijuana in compliance with the law. There are
also protections against patients being discriminated against in medical care — such as organ transplants
— and in child custody proceedings. In addition, landlords may not refuse to rent to a person solely due to
his or her status as a registered patient or caregiver unless housing the applicant violates federal law on
the part of the landlord. Landlords may prohibit smoking medical marijuana on their premises. Similarly,
schools and employers are prohibited from discriminating based on patient status unless they face
restrictions under federal law. Employers may continue to enforce drug-free work place policies, and they
do not have to allow employees to possess marijuana at work or work while they are impaired.

How much medical marijuana can patients possess?

The law authorizes registered patients to obtain up to 2 ½ ounces of medical marijuana every two
weeks from a dispensary selected by the patient during the application process. Patients may apply for
a waiver to use more marijuana if their physicians explain that that amount is insufficient for the
patient.
Can patients grow their own medical marijuana?
No. Only state-regulated cultivation centers are authorized to grow marijuana.

Can patients have a caregiver pick up their medicine for them?

Yes. Patients may designate a caregiver who is 21 years of age or older and does not have a disqualifying
conviction. The caregiver may obtain marijuana from a dispensary on behalf of a single patient.

Can anyone participate if he or she has a qualifying medical condition?

No. Those who work in certain professions, including law enforcement personnel, firefighters, and
commercial drivers, are not allowed to participate in the program. The program formerly prohibited those
with certain felony convictions from becoming patients, but that limitation was removed in 2018.

How do patients obtain medical marijuana?

All patients are required to name a state-regulated dispensary from which the patient or his or her
designated caregiver will obtain medical marijuana. There is a cap of 60 dispensaries throughout the state
set by law.

How much does medical marijuana cost?

Prices are set by individual medical marijuana dispensaries.

Is medical marijuana be taxed?

Medical marijuana sold from cultivation centers to dispensaries is subject to a 7% excise tax, in addition
to a 1% sales tax.

How do dispensaries operate?

Dispensaries are licensed by the state and subject to rules created by the Department of Financial and
Professional Regulation as well as local zoning laws. All dispensary staff must receive a photo ID from
the department after submitting to a background check.

How is medical marijuana cultivated for patients?

Dispensaries obtain medical marijuana from up to 22 cultivation centers, with a limit of one cultivation
center for each state police district. Cultivation centers are subject to a strict set of rules developed by the
Department of Agriculture, including labeling and marijuana testing requirements, 24- hour video
surveillance, photo IDs for staff, cannabis tracking systems, and inventory control measures.

When did the law go into effect?

The law went into effect January 1, 2014, but the program was not fully functional with operating
cultivation centers and dispensaries until early 2015.

Does the state pilot program recognize patients from other states?
No. Only patients who are registered with the Illinois Department of Public Health qualify.

Are there restrictions on where a patient can possess or consume medical marijuana?
Patients may not possess or consume marijuana in a correctional facility. Likewise, patients may not
possess or consume marijuana in a private residence that is used to provide childcare or a day care
services, and they may not possess it in a vehicle unless it is secured in a sealed, tamper-evident container
that is inaccessible while the vehicle is moving. As with alcohol and prescription drugs, patients may not
operate or be in control of a vehicle while impaired. Patients are also prohibited from consuming medical
marijuana in a public place, near anyone under the age of 18, or where doing so would violate the Smoke
Free Illinois Act. Patients are generally prohibited from being in possession on a school bus or on school
grounds unless the individual qualifies for an exception, and limitations apply.